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NEUTRAL CITATION

R/CR.RA/553/2022 JUDGMENT DATED: 23/03/2026

0.30715201281539506

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 553 of 2022

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

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Approved for Reporting Yes No

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SHRIRAM TRANSPORT FINANCE COMPANY LTD. THROUGH POA KULDIPSINH MAHENDRASINH SARVAIYA

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR HITESH S PADHYA(3877) for the Applicant(s) No. 1 MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1 MR ROHAN RAVAL, APP for the Respondent(s) No. 1

RULE SERVED BY DS for the Respondent(s) No. 2 ============================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

Date : 23/03/2026

JUDGMENT

1) The present revision application preferred under Section 397

read with Section 401 of the Code of Criminal Procedure, assails the judgment and order passed by the learned 2^nd Additional Chief Judicial Magistrate, Mahuva, District - Bhavnagar (hereinafter referred to the “learned Magistrate”) in Criminal Inquiry No.13 of 2022, wherein, the learned Magistrate on 29.03.2022 ordered to return the criminal complaint back to the

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NEUTRAL CITATION

R/CR.RA/553/2022 JUDGMENT DATED: 23/03/2026

0.30715201281539506

complainant along with the list and other documents by coming to a conclusion that the learned Magistrate had no territorial

jurisdiction to try the criminal inquiry.

2) The brief facts of the case is that the Opponent had taken a

vehicle loan from the Applicant/Complainant. The Opponent failed to pay regular installments, and after repeated demands, issued Cheque No.000044 dated 24.11.2021, drawn on the Axis Bank, Mahuva Branch, for an amount of ǰ⊵2,75,000/-, duly signed by him towards his legal dues as per the loan account. The cheque was drawn on the account maintained by the Opponent with the Axis Bank, Mahuva, District Bhavnagar, State of Gujarat. The Complainant deposited the said cheque at Axis Bank, Mahuva Branch, Taluka Mahuva, District Bhavnagar, Gujarat. The cheque was dishonoured and returned with the memo bearing the endorsement “Account Closed.” The Applicant/Complainant thereafter issued a statutory notice from Mahuva under Section 138 of the Negotiable Instruments Act, dated 07/12/2021. As the Opponent failed to make the payment within the statutory time period, the Complainant has filed the present complaint under Section 138 of the N.I. Act before the Magistrate wherein, the learned Magistrate ordered to return the criminal complaint back to the complainant along with the list and other documents by coming to a conclusion that the learned

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NEUTRAL CITATION

R/CR.RA/553/2022 JUDGMENT DATED: 23/03/2026

0.30715201281539506

Magistrate had no territorial jurisdiction to try the criminal

inquiry. Hence, the present application.

3) Though rule has been issued to the respondents, no one has

appeared on their behalf.

4) Heard the learned counsel appearing for the respective parties.

5) Learned Advocate Mr. Z. F. Bharda, for the applicant, submits

that the learned Magistrate erred in holding that he lacks territorial jurisdiction by misinterpreting Section 142(2)(a) of the Negotiable Instruments Act. He points out that the Explanation to the said section provides that if a cheque is deposited for collection at any branch of the payee’s bank, it is deemed to be delivered to the branch where the payee holds the account. In this case, the cheque was deposited at Axis Bank, Mahuva Branch, and the dishonour intimation was also issued from the same branch. Thus, territorial jurisdiction lies with the Magistrate at Mahu